Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Forty-Hour Week Convention, 1935 (No. 47) - Lithuania (Ratification: 1994)

The Committee notes the observations made by the Lithuanian Trade Union of Constables and Police Employees (LPTU). The Government has not, as yet, commented on these observations.

The LPTU alleges that the working-time provisions contained in the new Internal Services Act No. IX 1538 of 29 April 2003, which came into effect on 1 May 1993, is contrary to the principle of a 40-hour working week provided for in the Convention. The LPTU observes that under the new Act, whilst certain sections of the Act express that the norm for police officers cannot be longer than 40 hours per week (seven-day period), the section concerning overtime provides that, in certain circumstances, overtime work is compulsory. The LPTU states that the Act allows the Internal Affairs Office executive to require certain officers to work longer than the ILO norm. The LPTU observes that, under the new Act, the normal hours of work for certain workers will be 48 hours per week, as they will no longer receive overtime rate of pay for work carried out above 40 hours.

The Committee, in its direct request in 2003, requested the Government to indicate to what extent hours may be worked in excess of a 40-hour week as section 144(3) of the new Labour Code merely stipulates that the maximum working time, including overtime, must not exceed 48 hours per seven working days. The Committee noted that this provision could be used to arrange for a regular working time of up to 48 hours, which would run counter to the principle of the 40-hour week.

The Committee requests the Government to respond to these issues and generally on how the working-time provisions contained in the new Internal Services Act comply with the provisions contained in the present Convention both in law and in practice. It also requests the Government to provide information requested in its last direct request in the next report.